Another Full Slate of Litigator of the Week Runners-Up and Shout Outs
A team at Shook, Hardy & Bacon won a nine-digit verdict last week for client Touchstream Technologies Inc. against Google Inc.
July 28, 2023 at 07:25 AM
7 minute read
First up this week is a team led by Shook, Hardy & Bacon partner Ryan Dykal that won a nine-digit verdict last week for client Touchstream Technologies Inc. against Google Inc. Jurors in Waco, Texas found that Google's Chromecast devices infringed three Touchstream patents and awarded nearly $339 million in damages, having also sided with Touchstream on the patents' validity. Touchstream presented evidence at trial that it developed and patented its "casting" technology prior to meeting with Google in December 2011. Google told Touchstream it wasn't interested in partnership before launching its own Chromecast product line in 2013. The trial team also included Shook's Jordan Bergsten, Lauren Douville and Gary Miller with partners Rob Reckers and Sharon Israel supporting the trial team on strategy and the appellate record.
Also landing a runner-up spot is a team at Hunton Andrews Kurth led by partner Mike Edney that secured a Fifth Circuit ruling blocking an order from the Commodity Futures Trading Commission threatening to shut down PredictIt, an online political prediction market. PredictIt, which was launched in 2014 by academics in New Zealand as a research data-gathering tool, allows people to make small investments based on predicting political events. It initially operated under a "no-action letter" from the CFTC that the agency rescinded last year. Last week's ruling from a divided Fifth Circuit panel found that PredictIt is entitled to a preliminary injunction while the lower court evaluates its challenge to the CFTC's actions. The Hunton team also includes associates Pierce Lamberson, Cameron Davis and Mike Dingman.
Runners-up honors also go to Paul, Weiss, Rifkind, Wharton & Garrison partners Karen Dunn, Bill Isaacson and Jessica Phillips and Morgan, Lewis & Bockius partner Ben Smith who led the trial team representing Oracle Corp. in the latest chapter of its long-running copyright feud with Rimini Street Inc. and its CEO Seth Ravin. After a 11-day bench trial last year, Chief Judge Miranda Du in Las Vegas this week issued a whopping 197-page order finding that Oracle "mostly" prevailed on its copyright claims regarding Rimini's unauthorized copying of Oracle's enterprise software—specifically Oracle's PeopleSoft and Database products. Oracles team also won an injunction ordering their opponents to issue a press release headlined "Court-Ordered Statement Regarding Rimini Street's False and Misleading Statements" and post the list of 15 statements identified by the court to a company website without "other statements or qualifying information by Rimini."
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Law Firms Mentioned
- Paul, Weiss, Rifkind, Warton & Garrison
- Munger, Tolles & Olson
- Boies Schiller Flexner
- Amarchand & Mangaldas & Suresh A Shroff & Co
- Allen & Overy
- Willkie Farr & Gallagher
- Hunton Andrews Kurth
- Shook Hardy & Bacon
- Morgan, Lewis & Bockius
- Alston & Bird
- Holland & Hart LLP
- Latham & Watkins
- Kramer Levin Naftalis & Frankel LLP
- White & Case
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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